Second Amendment Florida Governor Has Sheriff Arrested, Removed From Office for Allowing Concealed Carry

Discussion in 'Bill of Rights' started by tulianr, Jun 6, 2013.

  1. tulianr

    tulianr Don Quixote de la Monkey

    June 6 2013
    Florida Governor Rick Scott has named a new interim sheriff for Liberty County, FL after the current sheriff was arrested for releasing a man who was arrested for carrying a concealed handgun without a license.

    The following press release was put out by the Florida Department of Law Enforcement on June 4,

    Tallahassee – Inspectors with the Florida Department of Law Enforcement Office of Executive Investigations obtained a warrant for the arrest of Nicholas Lee Finch, 50, of Bristol, Fla., earlier today on one count of official misconduct, a violation of section 838.022, Florida Statutes.

    Investigators allege that Finch destroyed or removed official arrest documents from the Liberty County Jail, making it appear as though an arrest never occurred. The investigation revealed that a Liberty County Sheriff’s Office deputy arrested a Liberty County resident on March 8, 2013 for carrying a concealed firearm, a third degree felony. Shortly after the suspect was booked into the Liberty County Jail, Finch allegedly released the suspect and altered or destroyed documents associated with his arrest.​
    Finch was arrested just after 5 p.m. today and was booked into the Liberty County Jail. He was released on his own recognizance. Finch was elected Liberty County Sheriff in 2012.​
    The State Attorney’s Office, 2nd Judicial Circuit will prosecute this case.

    According to WCTV, the sheriff was just trying to uphold the Second Amendment rights of his constituents,

    Sheriff Nick Finch has declined to comment on his arrest. His attorney, Jimmy Judkins, released the following statement:​
    “The records at the jail show exactly what happened in this case and the records speak the truth. The sheriff looked at the facts and said ‘I believe in the second ammendment and we’re not going to charge him.’ That is not misconduct at all. That is within the Sheriff’s perogative whether to charge someone or not.”​

  2. Quigley_Sharps

    Quigley_Sharps The Badministrator Administrator Founding Member

    Well its about time, lets get that in the supreme court and get rid of carry permits!!!
  3. DarkLight

    DarkLight Live Long and Prosper - On Hiatus

    Agreed. Until they rule, however, precedent has been set...and not in a good way.

    Sent from my iPad using Tapatalk HD
  4. ghrit

    ghrit Bad company Administrator Founding Member

    I don't think that the sheriff has discretion once the arrest has taken place, he has to follow the protocols. Discretion before arrest, yes. After that the prosecutor has discretion to prosecute or not. The sheriff exceeded his authority by cancelling the arrest; he could have (maybe) released the guy ROR, but the arrest is still on the books and destroying the records is a no no. Guv may have over reacted, I dunno 'bout that.
    DMGoddess and chelloveck like this.
  5. tacmotusn

    tacmotusn RIP 1/13/21

    Nicholas Lee Finch for Governor of the great state of Florida 2016. Rick Scott SUCKS !!!
  6. Icefoot

    Icefoot Monkey+

    This sounds more about the destruction of official records and attempted cover up of the arrest than refusing to enforce the concealed carry law. Can't have a sheriff (or any other LE) doing stuff like that. If he doesn't agree with the law and doesn't want to enforce it, release the guy. But don't destroy official records of a LE event. Ever. That is a breach of trust that leads to people thinking this guy is corrupt (even if he isn't). What other records might he have destroyed that we do not know about? Perhaps some that indicated corruption? Again, I am NOT accusing him of corruption, just pointing out the line of thinking that could be sparked by his actions in this one (and hopefully isolated) incident of document destruction.
  7. Illini Warrior

    Illini Warrior Illini Warrior

    interesting .... county prosecutors in Illinois have been dropping charges for carrying weapons after the court decision last year .... more interesting a county prosecutor decided today that county residents/vistors can begin open carry because the state can't get their collective arses together .... the 2nd Amendment is the 2nd Amendment ....
  8. tulianr

    tulianr Don Quixote de la Monkey

    The headline of the article was a bit misleading; and there were some nuances to the incident not made clear in the original article. I think the Sheriff though probably had good intentions, but he needed to have taken steps to cover his arse when taking such politically sensitive action. He had to know he was opening himself up to some politically motivated retribution.

    He would have done better to have made his position crystal clear to his deputies, and thus precluded such an arrest, and avoided the fallout that was sure to follow his dismissing an arrest. But, you know what they say about hindsight.
    Icefoot and chelloveck like this.
  9. BTPost

    BTPost Stumpy Old Fart,Deadman Walking, Snow Monkey Moderator

    Yep, the Sheriff messed up, and the Governor, had no choice but to bust him.... He will get his "Day in Court" and if he can convince a Jury, that HE is a Good guy, they just might not convict him of Destruction of Official Records, as a minimum and Malfeasance in Office, as a Primary Offense. Depends on the Jury, but I bet he never is a Sheriff again..... Tough getting locked up in your own Jail.... I say "Good" for the Governor, in upholding State Law. If the sheriff didn't want to make these arrests, as was said above, He should have made him Policy Known to ALL his Deputies, in the first place. Otherwise, it looks like favoritism..... and that is a BIG No No....
    Icefoot, chelloveck and tulianr like this.
  10. tacmotusn

    tacmotusn RIP 1/13/21

    We don't have enough info to know if it was favoritism. Is this an isolated case? Have others been arrested under this sheriff's term in similar instances and prosecuted? Has he allowed arrests and prosecution of some, but let others off, or what?
  11. DMGoddess

    DMGoddess Monkey+++

    Agreed. Probably did overreact, but the underlings will take his example if he's not disciplined. I think the important words were 'without a license'. He could have asked the prosecutor not to charge him.
    Icefoot likes this.
survivalmonkey SSL seal warrant canary